challenged by the applicant, contrary to the peremptory dictates of the rules of
court viz. the filing of such an application and consequently, in violation of the
seven-day period for lodging a petition against the election of a person to the
office of the President of the Republic as prescribed in s93(1) of the Constitution
of Zimbabwe.
xii.
Further, upon perusing the applicant’s founding affidavit, it was noted that
extensive reference is made to a separate bundle of documents purportedly filed
together with his application, called the “123 Series”. That bundle does not form
part of any papers received at the Zimbabwe Electoral Commission’s offices
either on the 10th or 11th of August 2018. At the time of deposing to this affidavit,
that bundle has still not been served on myself; the 23rd respondent or the 25th
respondent.
xiii.
Further still, the applicants founding affidavit refers, in several instances, to
compact discs that are said to be attached to the application. No such compact
discs were served at the 23rd respondent’s offices either on the 10th or on the
11th of August.
xiv.
It is these absent compact discs and separate bundle of evidence that the
applicant avers contain the source material used in, inter alia, the statistical
analysis that he refers to as the “main challenge” to the 1st respondent’s election
to the office of the President of the Republic.